Introduction On March 19, 2020, Governor Gavin Newsom issued a stay-at-home order for the entire state of California (with an exemption for essential workers) causing many public agencies, businesses, and schools to shut their doors. In an effort to reopen California’s economy, Governor Newsom announced a Resilience Roadmap setting out a four-stage plan that modifies the statewide stay-at-home order and gradually permits some non-essential businesses to resume operations. While many employers are eager to reopen…

As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols.  One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home.  Whereas employers previously may have been reluctant to allow employees to work from home, Governor Newson’s March 19, 2020 Stay at Home Order and local county orders…

On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination.  The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and Kagan. Title VII of the 1964 Civil Rights Act is the federal law that prohibits discrimination in employment on the…

Amid the ongoing COVID-19 pandemic, employers have developed various leaves of absence plans to support employees who contract COVID-19 or come in close contact with a COVID-19 patient.  Since the state’s phased reopening began about a month ago, employers have been developing such leave plans to ensure adequate balancing between the need to reopen and the need to maintain a healthy environment for their employees.   While the pandemic has brought many things in the world…

Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country.  Many people feel compelled to speak openly and passionately about an issue of national importance.  Public employees likely wish to express their views as well, and this includes not only those working to keep local government running effectively, but the public safety personnel now working to keep the peace.…

This Memorial Day weekend marks the 24th anniversary of the disappearance of Kristin Smart, a student at Cal Poly San Luis Obispo who disappeared in the early morning hours of May 25, 1996 while walking to her dormitory following a party.  Kristin Smart was reported missing to the Cal Poly Police Department two days later, but believing the student may have taken a trip for the holiday weekend, university police were slow to investigate. It…

When the COVID-19 outbreak reached California, schools throughout the state converted traditional classes to a distance education model for millions of students seemingly overnight. Distance education programs rely on a combination of websites, programs/applications, and other technologies to deliver content, facilitate communication, administer exams, and more. Video conferencing applications (e.g., Zoom) with screen sharing features allow educators to recreate live classes online and have become invaluable remote teaching tools. This sudden and unprecedented reliance on…